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Philos Technologies, Inc v. Philos& D, Inc.,Et Al

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ARGUED APRIL 7, 2011

Before CUDAHY, MANION, and HAMILTON, Circuit Judges.

This appeal calls on us to determine whether a party may, nearly a year after the entry of a default judgment, move to vacate the judgment on the ground that it was void for a lack of personal jurisdiction. The district court concluded that the delay rendered untimely defendants’ motion to vacate and denied the motion without reaching its merits. Because the defendants did not appear in the district court before entry of judgment, and because they are entitled to one full opportunity to litigate the jurisdictional issue, we reverse and remand.

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